701 EMPIRE BOULEVARD LLC v. SWEET


14 Misc.3d 84 (2006)

831 N.Y.S.2d 643

701 EMPIRE BOULEVARD, LLC, Respondent, v. SARA SWEET, Appellant.

Supreme Court, Appellate Term, Second Department.

December 14, 2006.


Attorney(s) appearing for the Case

Goldberg, Scudieri, Lindenberg & Block, P.C., New York City (Robert H. Goldberg of counsel), for appellant.

Jack L. Glasser, Jamaica (Yohance O. Alleyne of counsel), for respondent.

PESCE, P.J., GOLIA and BELEN, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, tenant's motion to set aside the stipulation granted and matter remanded to the court below for determination of tenant's motion to vacate the default final judgment and warrant.

In this nonpayment summary proceeding, tenant moved to vacate a default final judgment and warrant, asserting, inter alia, that she had not been served with the...

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